HomeMy WebLinkAbout5.331 Original Contract
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INTERLOCAL AGREEMENT
CREATING THE
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WASHINGTON CITIES INSURANCE AUTHORITY
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WCIA Interlocal Agreement
June 10. 1999
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TABLE OF CONTENTS
RECIT Al,S ..... ............ ...................... ............ ......... ........ ........ ..... ....... ......... ......... ........... ....3
ARTICLE 1 Definitions............. .................. ........ .............................. .... ............... ... ..... .....3
ARTICLE 2 Purpose........................ .................. ............ ..... ....... ............ ....... ......... ....... ......4
ARTICLE 3 Parties to Agreement... ........ ..... ........... ......... ........... ...... .... ........... ............ ......4
ARTICLE 4 Term of Agreement ..... ............................................... .......... ..........................4
ARTICLE 5 Creation of Authority..... ...... ...... ..... ............... ..... ......... ........ .......... .......... ......5
ARTICLE 6 Powers of Authority..... .......... .... ...... ................. ............ ........ ........ .................5
ARTICLE 7 Board of Directors.. .......... ................... ......... .............. ........... .................. .......5
ARTICLE 8 Powers of the Board of Directors............................................................... ....5
ARTICLE 9 Meetings ofthe Board ofDirectors........~......................................................7
ARTICLE 10 Executive Committee ....................................................... ...................... ......7
ARTICLE 11 Officers of the Authonty .................................................... ..........................7
ARTICLE 12 Coverage............................... ......... ......... .............................. ...... .................8
ARTICLE 13 Development of the Jomt Protection Program.............................................8
ARTICLE 14 Accounts and Records.. ........ ..................................... ...................................9
ARTICLE 15 Responsibility for Monies.............. .......................... ................. ............. ....10
ARTICLE 16 Responsibilities of the Authority................... .... ....... .................................10
ARTICLE 17 ResponsibilitIes of Member Cities ..... .............. ....... ..................................11
ARTICLE 18 Intenm Period and Effective Date ofPrograrn ..........................................12
ARTICLE 19 New Members.............. ........ :................. ............. ............... ... ...... ........... ....12.
ARTICLE 20 Withdrawal and Cancellation......... ...... ....... ......... ..... ......... ..... ....... ............12
ARTICLE 21 Cancellation of Coverage ........ ...... .............................................................13
ARTICLE 22 Effect of Withdrawal.... ... ....... .......... ................... ......... ....... ....... ........ ... .....14
ARTICLE 23 Termination and Distribution. ....... ..... ............ ............. ..... ..................... .....14
ARTICLE 24 Provisions for By-Laws and Manual.........................................................14
ARTICLE 25 Notices................. ................. ... ......... ........ ..... ......... ..... ....... .... ... ................15
ARTICLE 26 Amendment..... .. ... .......... ..... ..... . ..........................................................15
ARTICLE 27 ProhibltlOn Against Asslgnment................. .................. ...... ...... ...... .... .....15
ARTICLE 28 Agreement Complete .................. ......... ............. ............ ... .......... ....... ........15
INTERLOCAL AGREEMENT:
CREATING THE WASHINGTON CITIES
INSURANCE AUTHORITY
THIS AGREEMENT is made and entered into in the State of Washington by and among
the municipal corporations organized and existing under the Constitution or laws of the State of
Washington, hereinafter collectively referred to as "Member Cities" or "Cities", and
individually as "Member City" or "City" which are parties signatory to this Agreement and
listed in Appendix A, which is attached hereto and made a part hereof. Said Cities are
sometimes referred to herein as "parties"
RECITALS
WHEREAS, Ch. 48.62 RCW provides that two or more local governmental entities may,
by interlocal agreement, jointly purchase insurance, jointly self insure, and/or jointly hire risk
management services for any authorized purpose by anyone or more of certain specified
methods, and;
WHEREAS, each of the parties to this Agreement desires to join together with the other
parties for the purpose of pooling their self-insured losses and jointly purchasing excess
insurance and administrative services in connection with a Joint Protection Program for said
parties, and;
WHEREAS, it appears economically feasible and practical for the parties to this
Agreement to do so;
NOW, THEREFORE, for and in consideration of all of the mutual benefits, covenants
and agreements contained herein, the parties hereto agree as follows:
ARTICLE I
Definitions
The following definitions shall apply to the provisions of the Agreement:
(a) "Authority" shall mean the Washington Cities Insurance Authority created by this
Agreement.
(b) "Board of Directors" or "Board" shall mean the governing body of the Authority.
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(c) "Claims" shall mean demands made against the Authority arising out of
occurrences which are within the Authority's Joint Protection Program as developed by the
Board of Directors.
(d) "Excess Insurance" shall mean that insurance purchased on behalf of the
Authority to protect the funds of the Authority against catastrophes or an unusual frequency of
losses during a single year.
(e) "Executive Committee" shall mean the Executive Committee of the Board of -
Directors of the Authority.
(f) "Fiscal Year" shall mean that period of twelve months which is established as
the fiscal year of the ~uthority.
(g) "Coverage" shall mean and include self-insurance through a funded program
and/or any commercial insurance contract.
(h) "Executive Director" shall mean that employee of the Authority who is appointed
by the Board of Directors, and responsible for the management and administration of the Joint
ProtectIon Program of the AuthOrity
ARTICLE 2
Pu rpose
This Agreement is entered into by Cities in order to provide more comprehensive and
economical liability coverage, to provide for the economical and self insurance pooling of risk
exposures for all forms of insurance available or required by law for municipal corporations and
for which State law authorizes the formation of pooling organizations to provide such
insurance, to reduce the amount and frequency of Cities losses, and to decrease the cost
incurred by Cities in the handling and litigation of claims. This purpose shall be accomplished
through the exercise of the powers of Cities jointly in the creation of a separate entity, the
Washington Cities Insurance Authority, to administer a Joint Protection Program wherein cities
will jointly pool and self insure their losses and claims, and may jointly purchase excess
insurance and administrative and other services including claims adjusting, data processing,
risk management consulting, loss prevention, legal and related services.
It is also the purpose of this Agreement to provide, to the extent permitted by law, for
the inclusion at a subsequent date of such additional municipal corporations organized and
existing under the Constitution or laws of the State of Washington as may desire to become
parties to this Agreement and members of the Authority, subject to approval by the Board of
Directors.
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It is also the purpose of this Agreement to provide, to the extent permitted by law, that the
Authority may, in the discretion of its Directors, contract with non-member Cities or other
municipal corporations in the State of Washington to provide, at a reasonable charge, such
non-member Cities or municipal corporations administrative and other services including
claims adjusting, data processing, risk management consulting, loss prevention and training.
ARTICLE 3
Parties to Agreement
Each party to this Agreement certifies that it intends to and does contract with all other
parties who are signatories of this Agreement and, in addition, with such other parties as may
later be added to and signatories of this Agreement pursuant to Article 19. Each party to this
Agreement also certifies that the deletion of any party from this Agreement, pursuant to
Articles 20 and 21, shall not affect this Agreement nor such party's intent to contract as
described above with the other parties to the Agreement then remaining.
ARTICLE 4
Term of Agreement
This Agreement shall become effective on January 1, 1981, and shall continue for not
less than three years until and unless terminated as hereinafter provided.
ARTICLE 5
Creation of Authority
Pursuant to Ch. 48.62 RCW, the debts, liabilities and obligations of the Authority shall
not constitute debts, liabilities or obligations of any party to this Agreement.
ARTICLE 6
Powers of Authority
(a) The Authority shall have the powers common to Cities and is hereby authorized
to do all acts necessary for the exercise of said common powers, including, but not limited to,
any or all of the following:
(1) To make and enter into contracts;
(2) To incur debts, liabilities or obligations;
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(3) To acquire, hold or dispose of property, contributions and donations of
property, funds, services and other forms of assistance from persons, firms,
corporations and governmental entities;
(4) To sue and be sued in its own name; and
(5) To exercise all powers necessary and proper to carry out the terms and
provisions of this Agreement, or otherwise authorized by law.
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(b) Said powers shall be exercised pursuant to the terms hereof and in the manner
provided by law.
ARTICLE 7
Board of Directors
(a) The Authority shall be governed by the Board of Directors which is hereby
established and which shall be composed of one representative from each Member City who is
an employee or official of that City, as appointed by the City Council, Commission, or
appointing official of that City. Each City Council, Commission, or appointing official in addition
to appointing a member of the Board, shall appoint at least one alternate who also shall be an
officer or employee of that City. The alternate appointed by a City shall have the authority to
attend, participate in and vote at any meeting of the Board when the regular member for whom
he or she is an alternate is absent from said meeting.
(b) Each member or alternate of the Board shall be appointed for a one year term
and until a successor is apPOinted, Each member or alternate shall serve at the pleasure of
the City by which he or she has been appointed as long as he or she is an officer or employee
of the City.
(c) Each member of the Board shall have one vote.
ARTICLE 8
Powers of the Board of Directors
The Board of Directors of the Authority shall have the following powers and functions:
(a) The Board may elect from its'members, pursuant to Article 10 of this Agreement,
an Executive Committee to which it may give authority to make and implement any decisions,
including those involving the administration of the Authority, except those decisions that would
require an amendment of this Agreement, under Article 26 herein.
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(b) The Board may review all acts of the Executive Committee, and shall have the
power to modify and/or override any decision or action of the Executive Committee upon a
majority vote of the entire Board of Directors.
(c) The Board shall review, modify if necessary, and approve the annual operating
budget of the AuthOrity.
(d) The Board shall receive and review periodic accounting of all funds under Article
14 and 15 of this Agreement.
(e) The Board shall have the power to conduct on behalf of the Authority, all
business of the Authority which the Authority may conduct under the provisions hereof and
pursuant to law.
(f)
Authority.
The Board shall determine and select a Joint Protection Program for the
(g) The Board shall determine and select all necessary instruments of coverage to
carry out the Joint Protection Program of the Authority.
(h) The Board shall have the authority to contract for or develop various seNices for
the Authority, including, but not limited to claims adjusting, loss control and risk management
consulting seNices.
(i) The Board shall appoint an Executive Director of the Authority and shall receive
and act upon reports of the Executive
Director.
U) The Executive Director shall have the power to hire such persons as the Board
authorizes for the administration of the Authority, including the "borrowing" of management-
level employees from one or more of the Member Cities to assist in the development phase of
the Joint Protection Program of the Authority, subject to the approval of the Member City. Any
Member City whose employee is so "borrowed" according to this provision shall be reimbursed
by the Authority for that employee's time spent or seNices rendered on behalf of the Authority.
(k) The Executive Director shall have the general supeNisory control over the day-
to-day decisions and administrative activities of the Authonty.
(I) The Board shall have such other powers and functions as are provided for in this
Agreement, including, but not limited to, the power to authorize the contracts with non-member
Cities or municipal corporations and the "Authority", to provide services to such non-members
as set forth in Article 2, upon such terms and conditions as the Director shall decide
appropriate.
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ARTICLE 9
Meetings of the Board of Directors
(a) Meetings. The Board shall provide for its regular, adjourned regular and special
meetings; provided, however, that it shall hold at least one regular meeting annually.
(b) Minutes. The Board of the Authority shall cause minutes of regular, adjourned
regular and special meetings to be kept and shall, as soon as possible after each meeting,
cause a copy of the minutes to be forwarded to each member of the Board and to each City.
(c) Quorum. A majority of the members of the Board shall constitute a quorum for
the transaction of business, except that less than a quorum may adjourn from time to time. A
vote of the majority of those members present at a meeting shall be sufficient to constitute
action by the Board.
ARTICLE 10
Executive Committee
The Board of Directors may appoint at any time of the year during a Board meeting an
Executive Committee of the Board of Directors which shall consist of an odd number of not
less than five nor more than nine members, as determined by the Board of Directors. Two of
the members of the Executive Committee shall be the President of the Board of Directors, and
the Vice President of the Board of Directors; the remainder of the members, after their original
election, shall be elected by the Board of Directors at the same time the officers of the Board
are elected In January of each calendar year. The President of the Authority, or the Vice
President in his or her absence, shall serve as the Chairperson of the Executive Committee.
The Board of Directors may delegate any of the powers of the Board as outlined in Article 8 to
the Executive Committee and may establish and delegate any other powers and duties the
Board deems appropriate.
ARTICLE 11
Officers of the Authority
(a) President and Vice President. The Board shall elect a President and Vice
President of the Authority at its first meeting, each to hold office for one year term and until
successor is elected. Thereafter in January of each succeeding calendar year, the Board shall
elect or re-elect the President and Vice President for the ensuing year. In the event the
PreSident or Vice President so elected ceases to be a member of the Board, the resulting
vacancy in the office of PreSident or Vice President shall be filled at the next regular or special
meeting of the Board held after such vacancy occurs. In the absence or inability of the
President to act, the Vice President shall act as President. The President, or in his or her
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absence, the Vice President, ~hall preside at and conduct all meetings of the Board and shall
be a member and the Chairperson of the Executive Committee.
(b) Executive Director. The Executive Director shall have the general
administrative responsibility for the activities of the JOint Protection Program and shail appoint
all necessary employees thereof.
(c) Treasurer. The Treasurer shall be appointed by the Board and shall be a
person other than the Executive Director. The duties of the Treasurer are set forth in Article 14
and 15 of this Agreement.
(d) Attorney. The Board of Directors shall select an attorney for the Authority. The
attorney may be, but is not required to be, a City Attorney, from a Member City. In the event
the attorney is precluded from acting because of a conflict of interest or legal Impediment, or
for other good reason, the Board may employ independent counsel as the attorney for the
Authority. The attorney shall serve at the pleasure of the Board of Directors.
ARTICLE 12
Coverage
(a) The coverage provided for Member Cities by the Authority shall be defined by the
Board and may allow or require protection for comprehensive liability, personal injury, errors
and omissions, contractual liability, and such other areas of coverage as the State shall require
or the Board shall determine.
(b) The Authority shall maintain a coverage limit for Member Cities determined by
the Board of Directors to be adequate. The Board may arrange purchase of a group insurance
polley for Member Cities interested in obtaining additional coverage above this limit, at an
additional cost to those participating Cities.
(c) The Board may arrange for the purchase of any other insurance deemed
necessary to protect the funds of the Authority against catastrophes.
ARTICLE 13
Development of the Joint Protection Program
(a) As soon as practicable after the effective date of this Agreement, but prior to the
effective date of the Joint Protection Program, the Board of Directors shall adopt the Authority's
Joint Protection Program, including the coverage provided for in Article 12, the amount of initial
assessment, the precise cost allocation plan and formula, the pro forma financial statement of
the Authority, and the amount and type of excess insurance which may be procured.
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,-,(b) The Joint Protection Program provided by the Authority shall extend to all city
department operations except transit, aviation and hospitals. unless otherwise excluded by the
Board of Directors.
:(c) The initial assessment for each City shall be determined by the Board, in its
discretion, based upon a fair formula which may consider, but not be limited to, total City
worker hours, total City payroll, administrative experience of the City, the prevIous loss
experience of the City, the liability risks of the City and the costs to the Authority of adding the
City as,a member.
(d) The cost allocation plan and formula adopted by the Board shall provide for an
adjustment In the Member Cities' assessments at the end of the first year of operation, and
annu911y thereafter, in order to produce an assessment for the following year for each City shall
consider, but not be limited to, the following:
(1) That amount of losses borne individually by the City, as determined by the Board;
and
(2) The City's share of pooled losses and other expenses, as determined by the
Board; and
(3) The City's contribution to a catastrophe fund and reserves for incurred-but-not-
.. reported losses, and amount of such fund and reserves to be determined by the Board.
., (e) The Board may at any time make additional assessment adjustments to correct
any fund deficit as the Board deems necessary to maintain the financial integrity of the
Authority,.
,(f) The Board shall adopt criteria for determining each City's annual share of pooled
losses, expenses and contribution to a catastrophe fund which may include the City's payroll
as compared to the total payroll of all Member Cities, the City's individual loss experience, and
such other criteria as the Board may determine to be relevant.
(g) The annual readjustment of the amount of assessment shall be made and
notices for readjusted assessment amounts and the next year's assessments shall be
distributed at least ninety (90) days prior to the close of each fiscal year. This assessment
amount, together with any readjusted amount due under paragraph (c) above, shall be due
and payable on or before fifteen (15) days after the beginning of the fiscal year.
_ (h) Inasmuch as some Member Cities may experience an unusual frequency of
losses during a single fiscal year, which could increase their final assessment substantially for
that year and cause budgetary problems, the Board may provide for payment of a portion of
such assessment to be made over a period of time, not to exceed three years, plus reasonable
interest.
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ARTICLE 14
Accounts and Records
(a) Annual Budget. The Authority shall annually adopt an operating budget,
'pursuant to Article 8(c) of this Agreement.
(b) Funds and Accounts. The Authority shall establish and maintain such funds and
accounts as may be required by state law and proper accounting practices. Books and
records of the Authority shall be in the hands of the Treasurer and shall be open to any
"inspection at all reasonable times by representatives of Member Cities.
(c) Executive Director's Report. The Executive Director, within one hundred and twenty
(120) days after the close of each fiscal year, shall give a complete written report of all financial
.activities for such fiscal year. to the Board and to each Member City.
(d) Annual Audit. The Board may provide for a certified, annual audit of the
"accounts and records of the Authority such audit shall conform to generally accepted auditing
standards. When such an audit of the accounts and records is made by a Certified Public
Accountant, a report thereof shall be filed as a public record with each of the Member Cities.
Such report shall be filed within six (6) months of the end of the year under examination.
(e) Costs. Any costs of the audit, including contracts with, or employment of,
Certified Public Accountants, in making an audit pursuant to this Article, shall be borne by the
"Authority and shall be considered included within the term "administrative costs".
ARTICLE 15
Responsibility for Monies
(a) The Treasurer of the Authority shall have the custody of and disburse the
Authority's funds subject to Board approval. He or she shall have the authority to delegate the
. signatory fun<;;tion to such persons as are authorized by the Board.
(b) A bond in the amount set by the Board, as outlined by State RCW shall be
required of all officers and personnel authorized to disburse funds of the Authority, such bond
to be paid for by the Authority.
(c) The Treasurer's duties shall include:
(1) Receive and receipt for all money of the Authority and place it in the treasury to
the credit of the Authonty;
(2) Be responsible upon his or her official bond for the safekeeping and
disbursement of all of the Authonty's money so held by him or her;
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(3) Pay, when due, out of money of the Authority so
held by him or her, all sums payable on outstanding debts of the Authonty;
(4) Pay any other sums due from the Authority money only upon request for
payment signed by the President of the Board or the Executive Director. The Board
may designate an alternate signature for each; and
(5) Verify the report in writing on the first day of July, October, January and April of
each year to the Authority and to Member Cities the amount of money held for the
Authority, the amount of receipts since the last report, and the amount paid out since
the last report.
ARTICLE 16
Responsibilities of the Authority
The Authority shall perform the following functions in discharging its responsibilities
under this Agreement:
(a) Provide coverage by whatever means and methods the Board deems
appropriate, including but not limited to a self-insurance fund and commercial insurance, as
well as e.xcess coverage and umbrella insurance, by negotiation or bid, and purchase, as
necessary .
(b) Assist Cities in obtaining insurance coverages for risks not included within the
basic coverage of the Authority.
(c) Assist each City's assigned risk manager with the implementation of that function
within the City.
(d) Provide loss prevention and safety and consulting services to Cities as required.
(e) Provide claims adjusting and subrogation services for claims covered by the
Authority's Joint Protection Program.
(f) Provide loss analysis by the use of statistical analysis, data processing, and
record and file-keeping services, In order to identify high exposure operations and to evaluate
proper levels of self-retention and deductibles.
(g) Provide for Cities, as needed, a review of their contracts to determine sufficiency
of indemnity and insurance proVIsions.
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(h) Conduct risk management audits to review the participation of each City in the
program. The audIt shall be performed by the Executive Director, or, at the discretion of the
Board, an independent auditor may be retained by contract to conduct the audits.
(i) The Authority shall have such other responsibilities as deemed necessary by the
Board of Directors in order to carry out the purposes of this Agreement.
ARTICLE 17
Responsibilities of Member Cities
Member Cities shall have the following responsibilities:
(a) The City Council, Commission, or appointing official of each City shall appoint a
representative and at least one alternate representative to the Board of Directors, pursuant to
Article 7 of this Agreement.
(b) Each City shall appoint an employee of the City to be responsible for the risk
management function within that City, and to serve as a liaison between the City and the
Authority as to risk management.
(c) Each City shall maintain an active safety officer and/or committee, and shall
consider all recommendations of the Authority concerning the development and
implementation of a loss control policy to prevent unsafe practices.
(d) Each City shall maintain its own set of records, as a loss log, in all categories of
loss to insure accuracy of the Authority's loss reporting system.
(e) Each City shall pay its assessment and any readjusted assessment promptly to
the Authority when due. After withdrawal or termination, each City shall pay promptly to the
Authority its share of any additional assessment and accrued interest at a rate determined by
the Board when and if required of it by the Board under Article 22 or 23 of this Agreement.
(f) Each City shall provide the Authority with such other information or assistance as
may be necessary for the Authority to carry out the Joint Protection Program under this
Agreement.
(g) Each City shall In any and all ways cooperate with and assist the Authority, and
any insurer of the Authority, in all matters relating to this Agreement and covered losses, and
will comply with all by-laws, rules and regulations adopted by the Board of Directors.
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ARTICLE 18
Interim Period and Effective Date of Program
(a) Interim Period. Once this Agreement has been initially signed, the estimated
deposit charge for each City shall be developed and presented to each City by written notice.
Each City shall have thirty (30) days from the receipt of such notice to withdraw from the
Agreement.
After the end of this thirty (30) day penod, and prior to December 1, 1980, each
City's actual deposit charge shall be determined. Each City which signed the Agreement shall
be bound thereby unless the actual deposit charge for the first year exceeds the estimated
deposit charge in the written notice. If the actual deposit charge exceeds the estimated
deposit charge, a Member City may nevertheless, elect to proceed with its participation in the
Joint Protection Program by informing the Authority, in writing, of its decision to that effect.
(b) Effective Date. After each City's actual deposit charge for the first year has
been determined, written notice to that effect shall immediately be given to all Cities. The Joint
Protection Program shall become effective thirty (30) days from the date of such notice.
(c) Joint Protection Program. After this Agreement becomes effective, the
Authority shall develop the details of the Joint Protection Program more fully described in
Article 12 and 13 of this Agreement.
ARTICLE 19
New Members
After the effective date of the Joint Protection Program is established by the Authority,
according to the provisions of Article 18, additional Cities shall not be permitted to become
signatories to this Agreement, or to enter the Joint Protection Program, during the first year of
operation. Following the first year of operation, the Authority shall allow entry in the program of
new members approved by the Board at such time during the year as the Board deems
appropriate. Cities entering under this Article will be required to pay their share of
organizational expenses as determined by the Board, Including those necessary to analyze
their loss data and determine their assessment.
J
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ARTICLE 20
Withdrawal and Cancellation
(a) City Withdrawal From Authority Membership
(1) A Member City may withdraw as a party to this Agreement pursuant to
requirements of Article 18.
(2) A Member City which signs the Agreement and enters the Joint Protection
Program pursuant to Article 18 may not withdraw as a party to this Agreement and as a
member of the Authority for a three-year period commencing on the effective date of the
Joint Protection Program, as determined by Article 18.
(3) After the initial three-year non-cancelable commitment to the program, a
Member City may withdraw from membership only at the end of any fiscal year of the
Authority, provided it has given the Authority twelve months prior written notice of its
intent to withdraw from this Agreement. Such notice shall be hand carried or mailed to
the offices of the Authority by certified mail.
(4) Withdrawal of membership will result in automatic cancellation of such
Member City's participation in the Joint Protection Program, any excess insurance and
any other programs offered by the Authority effective the date of withdrawal. Further,
the Authority reserves the right to non-renew said withdrawing Member City's coverage
in any Authority program during such City's notice period.
(b) Authority Termination of City Membership
(1) The Authority shall have the right to terminate any City's membership in
the Authority at any time. Such Termination of Membership shall be upon a majority
vote of the Board of Directors present at a full Board meeting where such motion for
termination of membership is presented. A City's termination of membership shall
become effective no later than sixty (60) days after the date such motion is passed, but
in no event shall membership extend beyond the last day of coverage in the current
Authority program in which said City is a participant.
(2) For purposes of thiS section, Membership in the Authority consists of a
Member City's right to have a representative on the Board of Directors and to vote on
Board matters, and the right to participate or receive coverage in any Joint Protection
Program, self-insured retention or excess insurance program, and to utilize any
Authority services or programs.
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(3) The Authority shall notify a City in wr,iting of its intent to vote on a motion
for Termination of Membership of the City at least 30 days before the meeting at which
the motion is to be voted upon. The notification shall include reasons for the proposed
Termination of Membership. The affected City has the right to be represented at the
meeting where the motion for Termination of Membership is to be voted upon and will
be provided an opportunity to address the Board members present if they so choose.
ARTICLE 21
Cancellation of Coverage
(a) The Authority shall have the right to cancel any Member City's participation in
any coverage program offered by or through the Authority. The terms of such cancellation of
coverage will be specified in each of the coverage documents for the Authority's various
programs, except that excess coverage in any program shall automatically cancel effective the
'date of cancellation of its self-insured coverage. Further coverage in all Authority programs
shall cease effective the date of Member City's voluntary withdrawal of membership from the
Authority.
(b) The Authority may cancel any Member City's participation in any coverage
program offered by or through the Authority without termination of the Member City's
membership in the Authority. However, any City whose Membership in the Authority has been
terminated pursuant to Article 20(B) shall automatically be canceled from participation in all
coverage programs offered by or through the Authority as of the effective date of termination of
membership.
ARTICLE 22
Effect of Withdrawal
(a) The withdrawal of any City from this Agreement shall not terminate the same and
no City by withdrawing shall be entitled to payment or return of any assessment, consideration
of property paid, or donated by the City to the Authority, or to any distribution of assets.
(
(b) The withdrawal of any City after the effective date of the Joint Protection Program
shall not terminate its responsibility to contribute its share of funds to any fund or program
created by the Authority until all claims, or other unpaid liabilities, covering the period the City
was signatory hereto have been finally resolved and a determination of the final amount of
payments due by the City or credits to the City for the period of its membership has been made
by the Board of Directors. In connection with this determination, the Board may exercise
similar powers to those provided for in Article 23( c) of this Agreement.
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ARTICLE 23
Termination and Distribution
(a) This Agreement may be terminated any time during the first three noncancelable
years by the written ~onsent of all Member Cities, and thereafter by the written consent of
three-fourths of the Member Cities; provided, however, that this Agreement and the Authority
shall continue to exist for the purpose of disposing of all claims, distribution of assets and all
other functions necessary to wind up the affairs of the Authority.
(b) Upon termination of this Agreement, all assets of the Authority shall be
distributed only among the parties that have been Members of the Joint Protection Program,
including any of those parties which previously withdrew pursuant to Article 20 or 21 of this
Agreement, in accordance with and proportionate to their cash (including assessment)
payments and property (at market value when received) contributions made during the term of
this Agreement. The Board shall determine such distnbution within six months after the )ast
pending claim or loss covered by this Agreement has been finally disposed of.
(c) The Board is vested with all powers of the Authority for the purpose of winding up
and dissolving the business affairs of the Authority. These powers shall include the power to
require Member Cities, including those which were Member Cities at the time the claim arose
or at the time the loss was incurred, to pay their share of any additional amount of assessment
deemed necessary by the Board for final disposition of all claims and losses covered by this
Agreement. A City's share of such additional assessment shall be determined on the same
basis as that provided for annual assessments in Article 13(d) and (e) of this Agreement, and
shall be treated as if it were the next year's annual assessment for that City, subject to the
limits described in Article 13(h) of thiS Agreement.
ARTICLE 24
Provisions for By-Laws and Manual
As soon as practicable after the first meeting of the Board of Directors, and Within the
first twelve months of the Authority's existence, the Board shall cause to be developed
Authority By-Laws and a policy and procedure manual to govern the day-to-day operations of
the Authonty. Each Member City shall receive a copy of any By-Laws, policy statement or
manual developed under this Article.
WCIA Interlocal Agreement, 04/24/01
Page 16
ARTICLE 25
Notices
Notices to Member Cities hereunder shall be sufficient if mailed to the office of the City
Clerk of the respective Member City.
ARTICLE 26
Amendment
This Agreement may be amended at any time by the written approval of two-thirds of all
City Councils or Commissions of Cities signatory to it, or by an amendment adopted in the
manner provided for in the By-Laws.
ARTICLE 27
Prohibition Against Assignment
No City may assign any right, claim or interest it may have under this Agreement, and
no creditor, assignee or third party beneficiary of any City shall have any right, claim or title to
any part, share, interest, fund, assessment or asset of the Authority. .
ARTICLE 28
Agreement Complete
The foregoing constitutes the full and complete Agreement to the parties. There are no
oral understandings or agreements not set forth in writing herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by
Authorized officials thereof on the date indicated in the appropriate Appendix.
5,3&/
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Washington Cities Insurance
r'\uthorit:y
July 26, 1996
TO: WCIA Members
FR: Eric B. Larson
c..e:. Assistant Director
RE: Tenant /User Facility or Special Events Insurance
The Authority has changed insurance carriers for those groups or organizations with no insurance
who want to use city facilities or hold special events. The new insurance company is Fireman's
Fund and the program will also be administered a little differently.
I have enclosed an application form and premium rates. The users of the city facilities should
complete the application and send it along with a check in the appropriate amount payable to the
WCIA to Kelly Tyson's attention at the Authority. Please note on enclosed premium rates the
charges for "Liquor Liability. II These apply only when liquor is being sold; not when it is just
being served.
After we receive the application we will mail a certificate evidencing the insurance coverage to
you and the group wishing to use your facility.
Now is a good time to review your facility use requirements. For many types of uses it may be a
good idea to require insurance from the organization or group using your premises. Please refer
to the liability resource manual for the Authority's recommendations.
If you have any questions regarding the Tenant/User or Special Event Coverage please give Kelly
Tyson or myself a call.
Specialevent
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. P.O. Box 1165, Renton, WA 98057, , .' ,',",',' ','<. .' ,,', "
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Special Event Insurance Application
For TenantlUsers of WCIA Member Facilities
Facility Owner:
Facility or City Contact Person:
Event Sponsor:
City: State. Zip. Phone
Address:
City:
Date of Event:
Location of Event:
Check Estimated Number of Spectators/Participants.
1-100 D 101-500 0 501-1500 D 1501-3000 0 3001-5000 D
Description of Event:
Will Alcoholic Beverages be Sold?
Will Alcoholic Beverages be Served?
Check Hazard Schedule Class: Class I D Class II 0 Class III 0
(See Hazard Schedule for Classifications)
I hereby warrant and confirm that the above information, to the best of my knowledge, is true and
correct, and further certify that I have read all of the questions and answers ofthis application.
I understand this application is a requirement for coverage, and any falsification or
misrepresentation will void all insurance coverage.
Signature of Applicant
Date
Send this application with your check payable to WCIA to: WCIA, PO Box 1165, Renton, W A 98057
Questions call: (206) 764-6471
. MASTER VENUE INSURANCE PROGRAM
MVPCOVERAGE
Page .:
MASTER VENUE PROGRAM COVERAGE:
COMMERCMLGENERALLIMrrIIT
LIMITS
General Aggregate/Per Named Insured Declared
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage (Any One Fire)
$ 1,000,000
$ 1,000,000
$ 1,000,000
$ 1,000,000
$ 50,000
FORM
Occurrence Form
Defense Costs Outside Limits
COVERAGE EXTENSIONS INCLUDE
Contractual Liability
Personal and Advertising Liability
Non-Owned Watercraft (25 Feet)
Host Liquor Liability
Incidental Malpractice
Employees as Additional Insureds
Elevator Collision
RA TING BASIS
Estimated Number of Attendees Per Event/Per Day
DEDUCTIBLE
Nil
CARRIER
Fireman's Fund Insurance Company
~Oft\JI'9$4""I12"
NEAR NORTH INSURANCE BROKERAGE, INC.
A fA r:: U R ~ t:t n ~ T...... r:: N e 6 a .... t"'I a .,.. u ", .. .. . ...... H .. ,..................
. MASTER VENUE INSURANCE PROGRAM
MVP EXCLUSIONS
Page 5
MASTER VENUE PROGRAM EXCLUSIONS
The followmg events are required to have prior approval to msure under the MVP
Program. .
EXCLUSIONS OF SPECIFIC OPERA nONS
This insurance does not apply to "bodily injury" or "property damage" arising out
of any operations connected with the following operations or premises, unless
separately and specifically endorsed hereon:
Description of Operations or Premises
~ Circus and Carnivals
~ Mechanical Amusement Devices
~ Motorized Sporting Events
~ Tractor /T ruck Pulls
~ Boxing, Wrestling, Hockey and Contact Karate Events
~ Rodeos and Roping Events (including practice)
~ Aircraft and Balloon Events
~ Professional Sporting Activities Participants
~ Pyrotechnical Uses
~ Rap and/or Heavy Metal and/or 01 Concerts
~ Veterinary Legal Liability
POLICY EXCLUSIONS
General Liability Policy Brief Recap of Policy Exclusions
~ Nuclear energy and hazardous properties of nuclear material
~ Auto Liability
~ Professional Liability; Errors and Omissions
~ Musical material composed by or on behalf of the Named Insured
~ Liability arising out of contracts with labor unions
Bodily Injury and Property Damage Liability Coverage Which Is/Are...
~ Expected or mtended from the standpoint of the Insured
~ Obligations under a workers compensation, disability or unemployment
law
~ Bodily injury to an employee or relative of that employee as a result of the
employee's injury
~ Pollutants
~ Owned or non-owned aircraft, autos or watercraft (mcluding mobile
equipment)
UmClOft\1n$i\6ln14
NEAR NORTH INSURANCE BROKERAGE, INC.
A M FUR t= R n e .,. u f:' '" r ... n "I ""' " ,. lJ "'1"., ^ ... ... r::..............
MASTER VENUE INSURANCE PROGRAM
MVP EXCLUSIONS
Page 6
MASTER VENUE EXCLUSIONS. contmued
POLICY EXCLUSIONS
Bodily Injury and Property Damase Liability Coverage Which Is/Are...
~ The use of mobile equipment in a racing, speed or demolition contest
(stunts)
~ Liability due to war, insurrection, rebelhon or revolution, if assumed under
a contract or agreement
~ Property damage to property you own, rent or occupy
~ Property damage to property loaned to you and personal property in your
care, custody or control
~ Property damage to premises you sell, give away or abandon
~ Property damage to your product to your work
~ Impaired property as a result of a defect, deficiency or dangerous condition
of "your product"
~ Damages for loss of use, withdrawal, recall, inspection, repair or
replacement of your product, your work, or impaired property if
withdrawn because of a suspected defect.
Personal and Advertising Injury Liability
~ PI/AI arising out of oral or written material done at the direction of the
Insured who knew it was false; or if the first publication took place prior to
the beginning of the policy period
~ Willful violations of a penal statue or ordinance
~ Assumption of liability in a contract or agreement (that would not be held m
the absence of this contract or agreement
~ Breach of contract for advertising injury
~ The failure of goods, products or services to conform with advertised
quality or performance
~ The wrong description of goods, products or services
~ An offense committed by a client in telecasting
.......on\lnS4\6U12~
NEAR NORTH INSURANCE BROKERAGE, INC.
A M F U A F R '" co 'T u e ..., e III 0 "" no... \.J M....... r"'o "'. ". t"':! ~.... to....
MASTER VENUE INSURANCE PROGRAM
MVP EXCLUSIOXS
Page 7
COMMERCIAL GENERAL LIABILITY
GENERAL DEFINITIONS OF TERMS
Premises - Operations
Covers liability arising out of the existence, operation and maintenance of your
business and premises.
Broad Form Blanket Contractual
Covers liability expressly assumed under a contract or agreement; provided,
however, that contractual liability shall not be construed as including liability
under a warranty of the fitness or quality of the named insured's products or a
warranty that work performed by or on behalf of the named insured will be
done in a workmanlike manner.
Products Liability/Completed Operations
Covers liability for bodily injury and property damage arising out of products
sold to, distributed or work completed.
Independent Contractors - (If Any)
Covers the liability for bodily injury and property damages caused by the acts
of independent contractors. There is no apparent exposure, but coverage and
premium therefore are automatically assumed if such exposure arises during the
policy period.
Fire Legal Liability
Covers leased or rented premises for which you could be held legally liable for
damage due to fire or explosion.
Personal Injury Liability
Coverage is afforded for liabilities arising from false arrest, libel, slander,
violation of an individual's right of privacy, wrongful entry or eviction, or
defamation of character.
Employees as Additional Insureds
Your employees are protected while they are working for you within the scope
of their duties.
Advertising Liability
Covers you against claims for libel, slander, defamation, infringement of
copyright, invasion of privacy arising out of your advertising program.
Non-Owned Watercraft
Provides coverage for operations and use of non-owned watercrafts under 26
feet in length for business purposes.
_(1011\119;4\611124
NEAR NORTH INSURANCE BROKERAGE, INC.
Ii ... II!:"'. n ~..... "'.... .... t.... ...t or"" .. n ...,............... tI. _ _
MASTER VENUE INSURANCE PROGRAM
HAZARD SCHEDULE I
HAZARD SCHEDULES
Page S
SCHEDULE OF EVENT CLASS/FICA TIONS
Antique Shows
Art Festivals
Art Shows
Auctions
Auto Shows
A wards Presentation
Ballets Ice Skating Shows
Banquets
Bazaars
Beauty Pageants
Bingo Games
Boat Shows
Body Building Contests
Business Meetings
Business Shows
Celebrations
Chambers of Commerce Events
Charity Benefits, Auctions & Sales
Cinemas
Civic Clubs & Group Meetings
Classical Music Concerts
Concerts - Indoor (under 1,500)
Consumer Shows
Conventions in Buildings
Craft Shows
Dance Shows
Debutante Balls
Dinner Theaters
Drill T earn Exhibitions
Educational Exhibitions
Electronics Conventions
Exhibitions
Exhibits in Buildings
Expositions - Capacity
Fashion Shows
Fishing Events
Flower Shows
Garden Shows
Wedding & Receptions
Graduations
Gun & Knife Shows
Gymnastic Competitions
Harvest Festivals
Home Shows
Housing Shows
Instructional Classes (Nonmechanzcal)
Ladies Club Events
Lectures
Lectures
Legitimate Theater
Luncheons
Meetings (Indoors)
Mobile Home Shows
Motion Picture Theaters
Musicals (Not Rock)
Operas
Operettas
Organized Sight-seeing Tours
Outings
Overnight Camping
Pageants
Parties
Plays
Proms
R V Shows
Scouting] amborees
Seminars
Social Gatherings
Social Receptions
Speaking Engagements
Symphony Concerts
Teleconferences
Telethons
Theatrical Stage Performances
Trade Shows in Buildings
Vacations Shows
"",-\1I9S4\6ll124
NEAR NORTH INSURANCE BROKERAGE, INC.
A M~UAeD f"'I'" .......- ..,........ ............... ...1......,.,..... ,..__ -
MASTER VENUE INSURANCE PROGRAM
HAZARD SCHEDULE II
HAZARD SCHEDULES
Page 9
SCHEDULE OF EVENT CLASSIFICATIONS
Aerobics & Jazzercize Classes
Animal Training
Picnic Grounds w/o Pools or Lakes
Dances & Parries
Debuts
Dog Shows
Evangelistic Meetings
Exhibitions
Exhibitions (Outdoor)
Food Concessions
Horse Shows
Hotel Shows
Jam & Jazz Sessions
Job Fairs
Marathons (Walkzng, Running, etc.)
Meetings (Outdoors)
Nite Club Shows
Block Parries/Street Closures (excl. Beaches)
Concerrs Outdoor (Not Rock - Under 1,500 Admissions)
"'-rton\lI'tS4\6U1~~
Old Timers Events
Parades (Under 500 Spectators)
Political Rallies
Religious Assemblies
Reunions
Rummage Sales
School Bands
Seances
Sidewalk Sales
Soap Box Derbies
Social Gatherings (Outdoors)
State & County Festivals & Fairs
Street Fairs
Swap Meets
Trade Shows (Outdoor)
V oter Registration
A lA t: U A t: n ,... e 'T" 'I"'" "..... ...... "I..... ~ -.. .. . _ . _ .
NEAR NORTH INSURANCE BROKERAGE, INC.
MASTER VENUE INSURANCE PROGRAM
HAZARD SCHEDULE III
HAZARD SCHEDULES
Page 10
SCHEDULE OF EVENT CLASSIFlCA TIONS
Animal Acts/Shows
Arcades
Baseball
Bicycle Rallies
Carnivals (No Rides)
Casino & Lounge Shows
Concerts (Rock - Under 5,000)
Country W estern Events
Ethnic Celebrations
Film Productions (non action)
Junior Athletic Games
Karate Meets
Union Meetings
Sporting Events in Buildings (Non-Professional)
Picnic Grounds with Pools or Lakes (Excl. Swzmming and Diving Lessons)
Live Entertainment
Livestock Shows
Meetings (Outdoors)
Zoos
Kiddielands (No Rides)
Promoters (Subject to Special Ratzng)
Recreational Events
Ski Events
Softball
Heads of State Events
Tennis, Handball & Racquetball Courts
Theatrical Road Shows
^ "4 or:' ,."........ .... _ _ _.. _ . _ .. _ _ _ ... _ _
tWaS1on\1f't>4\(,lln4
NEAR NORTH INSURANCE BROKERAGE, INC.
MASTER VENUE INSURANCE PROGRAM
HAZARD SCHEVULCi
Page 1 /
END-USERRATES-MVP RATING
LiMITS
General Aggregate/Per Named Insured Declared
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage (Any One Fire)
$ 1,000,000
$ 1,000,000
$ 1,000,000
$ 1,000,000
$ 50,000
End-User Premium Charges
PREMIUM CHARGES
Based on Admissions/Attendance, Indoors or Outdoors
* Liquor
Hazard Group I II III Liability
1 - 100 People S 75.00 $ 95.00 $ 150.00 $ 60.00
101 - 500 People S 100.00 $ 130.00 $ 225.00 $ 150.00
501 - 1,000 People $ 130.00 $ 180.00 $ 295.00 $ 210.00
1,001 - 3,000 People 5) 160.00 $ 255.00 $ 405.00 $ 305.00
3,001 - 5,000 People $ 240.00 $ 340.00 $ 515.00 .20/Person
5,001 - 10,000-People TBD TBD TBD TBD
ADDITIONAL INSUREDS
Your Venue
Address of Facility
City, State & Zip Code
*Only when liquor is sold. Not needed for just serving liquor.
..uhUlClon\ll'1504\6U124
NEAR NORTH INSURANCE BROKERAGE, INC.
A MEMBER OF THE NEAR NORTH NATIONAL GROUP
~)
Regence
Washington Health
1106 East FIrst Street
PO Box 1307, Port Angeles, Washmgton 983620242
Tel 360 4529247 1 8003109247
Regence Washmgton HealthJormerly Clallam County PhY:'lczans
ServIce, a dIvIsIOn of Kmg County MedIcal Blue ShIeld
May 09, 1997
City of Port Angeles
AT1N: Bob Coons
PO Box 1150
Port Angeles, W A 98362
Re: P A City Dental Plan
Dear Mr. Coons:
Enclosed are reports which detail April claims activity for the referenced contract.
This amount will be carried forward to offset April claims:
R. c... .
C "*,,'J 7"
May premU:Uli
April adjustment
$ 12,495.60
3,825.00
Balance due to CCPS
$ 16,320.60
Please let me know if you need other information regarding these claims.
Thank you for your continued assistance with this contract.
Sincerely,
~~
Marlene Hulett
Enrollment Services Manager
&~~~@WE~ //7 ~~O/
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An Independent LIcensee afthe Blue ShIeld AssaczatlOn
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PENCOM " "
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, " Welcome to the WCIA property:prograr:n. This confirms coverage for the following
.programseffecti~e 12~O.1':a.~. March,15, 1994: ,~. '- ' ,"
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, . questions, please call me .a~ J206) 764-~471. '.' " .' ,
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Assistant Director for Operations,
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Property List 04/06/94
LOC# Description
City: PNCM PENCOM
Property Type (B=Building I=Inland Marine): B
1 CITY HALL/OFFICE
2 PEMCOM COMPUTER
Type Subtotal:
Property Type (B=Building 1=lnland Marine): I
1 ANTENNA SYSTEM
2 RADIO SYSTEM
Type Subtotal:
City Total:
prop1
Address
Deductible:
1,000
321 5TH ST
CLALLAM COUNTY COURTHOUSE
Bldg$
Contents$ Date
o
192,515 12/16/93
80,000 03/15/94
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272,515 =
272,515
33,016
------------ ------------ ------------
------------ ------------ ------------
4,855 12/16/93
28,161 12/16/93
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33,016 =
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305,531 =
305,531
SCHEDULE OF INSURERS
Amount Insured
100%
Company & Signature
RLI Insurance Company
PR-WCIA-93
Policy Number
CMF 312973
WCIA GROUP PROPERlY INSURANCE PROGRAM
SCHEDULE of ENTITIES
. Washington Cities Insurance Authority
. City of Aberdeen
. City of Arlington
. City of Auburn
. City of Bainbridge Island
. City of Battle Ground
. City of Bellewe
. City ofBremerton
. City ofBurien
. CityofCamas
. City ofCentralia
. City ofCbehalis
. City ofCbelan
. City of Clarkston
. Town of Clyde Hill
. Town ofCoupeville
. Cowlitz Sewer Operating Board
. City of Des Moines
. City ofEdmoods
. City ofElma
. City of Enumclaw (added 12131/93)
. City ofGrandview (added 02114/94)
. Cityoflssaquah
. City ofKirldand
. CityofLal:ey
. Town of La Conner
. City of Lake Forest Park
. City of Leavenworth
. City of Long Beach
. City ofMabton
. City of McCleary
. CityofMarysville
. Marysville Fire Dislrict
. City of Medical Lake
. City of Medina
. City of Mercer Island
. City of Mill Creek
. City ofMi1ton (added 03/01/94)
. City of Monroe
. City of Monroe and SnohomishO>unty Fire Protection Dist #3 . Joint Operating Agreement
. City of Montesano
. City of Mount lake Terrace
. City ofMoxee
. City ofMukilteo
. City ofNonnandy Park
. City of North Bonneville
. City of Ocean Shores
. City of Olympia
. Peninsula CommulUcations (added 3/15/94)
. City of Port Angeles
. City of Prosser
. CityofPuyallup(added 12131/93)
. City ofShe1ton
. City ofSnohomish
. City ofSnoqualmie
. SNOPAC
. Southwest Snohomish County Emergency Services Coordinating Agency
. City ofSteilacoom
. City ofToppenish
. CityofTumwater
. City of Union Gap
. Valley Communication Center
. Yakima Va/ley Conference of Governments (added 03/22/94)
. City ofWashouga/
. City ofWoodinville
. Town ofWoodway
. City of Zillah
PR-WCIA-93
PRWClA9312
Revised: 03/30/94
ALL RISKS OF PHYSICAL LOSS OR DAMAGE
INSURING CLAUSE
Subject to the terms, conditions, and exclusions hereinafter contained, this Policy insures
all tangible, real and/or personal property including inland marine exposures,
improvements and betterments of the Insured or property held by the Insured in tru~t or
on commission or on consignment or in the Insured's care, custody or control, or for
which the Insured may be held legally liable against ALL RISKS OF pIRECT
PHYSICAL LOSS OR DAMAGE, including Earthquake and Flood, occurring during the
period of this Policy.
Locations:
"Blanket - All Locations"
PERILS EXCLUDED
This Policy DOES NOT INSURE AGAINST loss caused directly or indirectly by any of
the following. Such loss is excluded regardless of any other cause or event contributing
concurrently or in any sequence to the loss.
1. Loss or damage caused by or resulting from moth, vermin, termites, or other
insects, inherent vice, latent defect, faulty workmanship, error in design or
materials, wear, tear, or gradual deterioration, contamination, pollution, corrosion,
rust, wet or dry rot, mold, dampness of atmosphere, smog or extremes of
temperature except as relates to EDP equipment, or loss or damage by normal
settling, shrinkage, or expansion in building or foundation. However, this Policy
shall cover loss or damage caused by an otherwise insured peril ensuring from the
aforementioned excluded perils.
2. Loss of use, delay, or loss of markets.
3. Breakdown or derangement of machinery and/or boiler explosion, unless fire
ensues, and then only for the actual loss or damage caused by such ensuing fire.
4. Infidelity, or any dishonesty on the part of the Insured or any of his employees or
others to whom the property may be delivered or entrusted; inventory shortage or
unexplained disappearance.
5. Loss or damage to electrical appliances, devices, fixtures, or wiring caused by
artificially generated electrical current, unless fire or explosion ensues, and then
only for the actual loss or damage caused by such ensuing fire or explosion, except
as relates to EDP equipment or media.
PR-WCIA-93
Page 1
6. Loss or damage arising directly or indirectly from nuclear reaction, nuclear
radiation, or radioactive contamination, however such nuclear reaction, nuclear
radiation or radioactive contamination may have been caused. Nevertheless, if a
fire arises directly or indirectly from nuclear reaction, nuclear radiation, or
radioactive contamination any loss or damage arising directly from that fire shall
(subject to the provisions of this Policy) be covered excluding, however, all loss or
damage caused by nuclear reaction, nuclear radiation, or radioactive contamination
arising directly or indirectly from that fire.
7. Loss or damage to the property insured occasioned directly or indirectly by war,
invasion, hostilities, acts of foreign enemies, civil war, rebellion, insurrection,
military or usurped power or martial law or confiscation by order of any
Government or public authority.
8. Loss or damage to personal property caused by processing, renovating, repairing
or faulty workmanship thereon, unless fire and/or explosion ensues, and then only
for direct loss or damage caused by such ensuing fire or explosion.
9. Loss or damage to personal property resulting from: shrinkage, evaporation, loss
of weight, exposure to light, or change in color, texture or flavor, unless such loss
or damage is caused directly by fire or the combating thereof
10. Loss or damage caused by or arising out of accidental erasure of electronic data
processing media.
11. Loss or damage caused by exposure to weather conditions where any personal
property insured is left in the open and not contained in building on permanent
foundations. This limitation, except for perils otherwise excluded, does not apply
to signs owned or leased by the Insured.
12. Loss or damage caused by freezing to property insured hereunder in any vacant
building which has not been properly maintained. Vacant is defined as abandoned
in this context.
SUM INSURED
The Underwriter shall not be liable for more than $10,000,000 in excess of the separate
loss retentions provided under SELF INSURED RETENTION, in any loss arising out of
one occurrence, per entity, except that as respects the perils of Earthquake and Flood, a
$10,000,000 annual aggregate shall apply.
The term "loss" shall include loss adjustment expenses and subrogation expenses.
It is agreed that the amount of insurance hereunder shall not be reduced by the amount of
loss paid.
PR-WCIA-93
Page 2
TERRITORIAL LIMITS
This Policy insures property at location(s) on file with underwriters and at non-owned and
newly acquired locations within the State of Washington as pertains to this Named
Insured. It is further agreed and understood that Transit coverage is extended to the
Continent of North America.
SELF INSURED RETENTION
The Insured's retention shall be as follows:
$25.000
Per Occurrence, per entity, all perils except Earthquake and Flood.
2% on the value of buildings, personal property and inland marine
property which are involved in an Earthquake and Flood loss, per
occurrence, per entity, subject to a $25.000 minimum deductible
per occurrence, per entity.
For the purpose of this policy, where a series oflosses occur which are attributable
directly or indirectly to one disaster or cause, all such losses shall be added together and
treated as one occurrence irrespective of the period or area over which the losses occur.
So far as loss involving in whole or in part the perils of tornado, windstorm, cyclone,
hurricane, or hail is concerned, the words "one occurrence" shall mean one single
atmospheric disturbance as designated by the appropriate weather bureau.
PROPERTY EXCLUDED
TInSPOLICYDOESNOTCO~
1.
A)
Aircraft, watercraft 25 feet in length or larger and over $25,000 in value,
railroad rolling stock, vehicles licensed for highway use unless scheduled
under inland marine exposures or while garaged in buildings covered under
this policy~ jewelry, precious stones and metals, bullion, fine arts, furs or
garments trimmed with fur, all unless included on fine arts or museum
schedules.
B) Land, Bodies of water, standing timber, growing crops, and animals.
C) Accounts, bills, currency, money, notes, securities, deeds, evidences of
debt.
2. Property sold by or under encumbrance to the Insured after it leaves the custody of
the Insured or an employee of the Insured.
PR-WCIA-93
Page 3
. .
EXTENSIONS OF COVERAGE
TIllS POLICY IS EXTENDED TO COVER:
1. Expenses incurred in the removal of debris, including the cost of removal of any
portion of the insured property no longer useful for its intended purpose, resulting
from loss to real property caused by any of the perils insured against in this policy.
This policy also covers removal of debris which is in direct contact with property
insured hereunder and which hinders access to or use of that property. The
provision of this clause shall not increase the limit of liability provided herein.
2. Such expenses as are necessarily incurred for the purpose of reducing loss under
this policy (except expense insured to extinguish a fire), but in no event shall the
aggregate of such expenses exceed the amount by which the loss otherwise
payable under this policy is hereby reduced.
3. Fire department service charges.
4. Foam solution or other fire extinguishing materials lost, expended, damaged or
destroyed.
5. Loss caused by prevention of access to the insured premises as a direct result of
damage or threat of damage to property in the vicinity thereof by a peril insured
against.
6. Loss covered by interruption of power or other utility service furnished to the
insured premises if the interruption takes place away from the described premises.
CONDmONS
1. VALUATION
The underwriter's liability for loss or damage shall not exceed the least of the
following:
A) The limit ofliability provided for in this policy.
B) The actual expenditure for repairs or replacement of the damaged or
destroyed property.
C) On Property not replaced at Actual Cash Value.
D) With respect to:
(1)
Books, accounts, abstracts, drawings, card index systems, and other
records (except film, tape, disc, drum, cell, and other magnetic
recording or storage media for electronic data processing), the cost
of blank books, cards, or other blank material plus the cost oflabor
PR-WCIA-93
Page 4
. .
incurred by the Insured for transcribing, reproducing or copying
such records.
(2) Film, tape, disc, drum, cell, and other magnetic recording or storage
media for electronic data processing, the cost of such media in
unexposed or blank form plus the cost of labor incurred by the
Insured for repairing, replacing, transcribing, reproducing or
copymg.
E) With respect to Loss of Income and Extra Expense coverages, any loss
hereunder is limited to that time necessary to rebuild, repair or replace the
damaged or destroyed property with due diligence and dispatch; and that
additional length oftime as reasonably necessary to restore the insured's
operation to the condition that would have existed had no loss occurred.
Losses hereunder shall not be limited by the expiration or termination of
this policy.
2. NOTIFICATION OF CLAIMS
The Insured upon knowledge of any occurrence likely to give rise to a claim
hereunder, shall give immediate advice thereof through the insurance
representative to the underwriters.
3. PROOF OF LOSS
The Insured shall render a signed and sworn proof of loss within sixty (60) days
after the occurrence of a loss (unless such period be extended by the written
agreement of the Underwriter) stating the time, place, and cause ofloss, the
interest of the Insured, and of all other in the property, the sound value thereof and
the amount ofloss or damage thereto.
4. SUBROGATION
This insurance shall not be invalidated should the Insured waive in writing any or
all right of recovery against any party for loss, provided, however, that in the event
the Insured waives only a part of his rights against any particular third party, the
Underwriter shall be subrogated with respect to all rights of recovery which the
Insured may retain against any such third party for loss from the perils insured
against to the extent that payment thereof is made by the Underwriter; all subject
to the following additional provisions:
A) If made before loss has occurred, such agreement may run in favor of any
third party;
B) If made after loss has occurred, such agreement may run only in favor ofa
third party falling within one of the following categories at the time ofloss:
(1)
a third party insured under this policy; or
PR.WCIA-93
Page 5
(2) a corporation, firm, or entity (a) owned or controlled by the named
insured or in which the named insured owns capital stock or other
proprietary interests, or (b) owning or controlling the named
insured or owning or controlling capital stock or other proprietary
interest in the named insured; or
(3) a tenant of the named insured.
5. CANCELLATION
This insurance may be canceled by the Insured at any time by written notice or by
surrender of this policy. This insurance may also be canceled by or on behalf of
the Underwriter by delivering to the Insured or by mailing to the Insured, by
registered, certified, or other first-class mail, at the Insured's address as shown in
this insurance written notice stating when, not less than 45 days thereafter, the
cancellation shall be effective. However, in the event of non-payment of premium,
a ten (10) day written notice of cancellation shall be mailed to the Insured. The
mailing of such notice as aforesaid shall be sufficient proof of notice and this
insurance shall terminate at the date and hour specified in such notice.
If this Insurance shall be canceled by or on behalf of the Underwriter, the
Underwriter shall retain the pro-rata proportion of the premium hereon, except
that if this Insurance is on an adjustable basis the Underwriter shall receive the
earned premium hereon or the pro-rate proportion of any minimum premium
stipulated herein, whichever is the greater.
If this Insurance shall be canceled by the Insured, the Underwriter shall retain the
customary short rate proportion of the premium hereon, except that if this
Insurance is on an adjustable basis the Underwriter shall receive the earned
premium hereon or the customary short rate proportion of any minimum premium
stipulated herein whichever is greater. Payment or tender of any unearned
premium by the Underwriter shall not be a condition precedent to the effectiveness
of Cancellation but such payment shall be made as soon as practicable.
If the period oflimitation relating to the giving of notice is prohibited or made void
by a law controlling the construction thereof, such period shall be deemed to be
amended so as to be equal to the minimum period oflimitation permitted by such
law.
6. CIVIL AUTIIORITY
Coverage is afforded for contingent liability from the operation of the building
laws at time of loss and the increased cost of repair or replacement occasioned by
the enforcement or any ordinance or law regulating the construction, repair, or
demolition of buildings or structures which necessitates, in repairing or replacing
the building covered hereunder which has suffered damage or destruction by the
perils insured against or which has undergone demolition, a greater cost of repair
PR-WCIA-93
Page 6
or replacement limited however to the minimum requirements of such ordinance or
law.
Notwithstanding the above and subject to the sum insured, property which is
insured under this Policy is also covered against the risk of damage or destruction
by civil authority during a conflagration and for the purpose of retarding the same
provided that neither conflagration nor such damage or destruction is caused or
contributed to by war, invasion, revolution, rebellion, insurrection or other
hostilities or warlike operations.
7. ABANDONMENT
There shall be no abandonment to the Underwriter of any property.
8. ASSIGNMENT
Assignment or transfer of this Policy shall not be valid except with the written
consent of the Underwriter.
9. OTHERINSURANCE
This Policy does not cover any loss or damage which at the time of the happening
of such loss or damage is insured by, or would, but for the existence of this Policy,
be insured by any other insurance policy or policies, either primary or excess. This
limitation does not apply to contributing insurance, i.e., other insurance
participating with this policy on the same or similar terms, conditions and
proViSIon.
10. SERVICE OF SUIT
It is agreed that in the event of the failure of this Insurer to pay any amount
claimed to be due hereunder, this Insurer, at the request of the Insured, will submit
to the jurisdiction of any court of competent jurisdiction within the United States
and will comply with all requirement necessary to give each court jurisdiction and
all matters arising hereunder shall be determined in accordance with the law and
practice of such court.
It is further agreed that service of process in such suit may be made upon the
highest one in authority bearing the title "commissioner", "director", or
"superintendent" of insurance of the state or commonwealth wherein the property
covered by this policy is located, and that in any suit instituted against it upon this
contract this Insurer will abide by the final decision of such court or any appellate
court in the event of an appeal. The one in authority bearing the title
"commissioner", "director", or "superintendent" of insurance of the State or
commonwealth wherein the property covered by this policy is located is hereby
authorized and directed to accept service of process on behalf of this Insurer in any
such suite and/or upon the Insured's request to give a written undertaking to the
PR-WCIA.93
Page 7
Insured that they will enter a general appearance upon this Insurer's behalf in the
event such a suit shall be instituted.
The above service of suite clause is not to become effective unless or until the
Insured has notified this Insurer in each specific claim of its intention to sue.
11. INSPECTION AND AUDIT
The Underwriter shall be permitted but not obligated to inspect the Insured's
property at any time. Neither Underwriter's right to make inspections nor the
making thereof nor any report thereon shall constitute an undertaking, on behalf of
or for the benefit of the Insured or others, to determine or warrant that such
property is in safe condition.
The Underwriter may examine and audit the Insured's books and records at any
time during the Policy period and extensions thereof and within three years after
the final termination of this Policy, as far as they relate to the subject matter of this
msurance.
12. SALVAGE AND RECOVERIES
All salvages, recoveries and payments recovered or received subsequent to a loss
settlement under this Policy shall be applied as if recovered or received prior to the
said settlement and all necessary adjustments shall be made by the parties hereto.
13. FALSE OR FRAUDULENT CLAIMS
If the Insured shall make any claim knowing the same to be false or fraudulent, as
regards amount or otherwise, this Policy shall become void and all claim hereunder
shall be forfeited.
14. EXCESS INSURANCE
Permission is granted the Insured to have excess insurance over the limit ofliability
set forth in this Policy without prejudice to this Policy. The existence of such
insurance, if any, shall not reduce any liability under this policy.
15. ARBITRATION
If the Insured and underwriter fail to agree as to the amount of loss, each shall,
upon the written demand of either, made within thirty (30) days after receipt of
Proof of Loss by this underwriter, select a competent and disinterested appraiser,
and the appraisal shall be made at a reasonable time and place. The appraiser shall
first select a competent and disinterested umpire; and failing for fifteen (15) days to
agree upon such umpire, then on request of the Insured or this underwriter, such
umpire shall be selected by a judge off a court of record in the state in which the
property covered is located. The appraisers shall then appraise the loss, stating
PR-WCIA-93
Page 8
separately the loss to each item; and, failing to agree, shall submit their differences,
only, to the umpire.
An award in writing, so itemized when filed with this underwriter shall determine
the amount of loss. Each appraiser shall be paid by the party selecting him and the
expenses of appraisal and umpire shall be paid by parties equally.
16. CONFORMITY WITH STATUTE
The terms of this agreement and forms attached hereto which are in conflict with
the statutes of the state wherein this agreement is issued are hereby amended to
conform to such statutes.
17. ADDmONALPROPERTY
This policy is extended to cover additional property which may be purchased,
leased, built, erected, or otherwise be at risk (except property which is specifically
excluded) during the term of this insurance. If the value of anyone building and
contents therein exceeds to the best of the Insured's knowledge the sum of
$1.000.000, the Insured shall within 90 days following the date it becomes at risk,
notify the insurance representative for transmittal to underwriters. Inadvertent
error or omission in failing to report such property shall not invalidate coverages
provided hereunder.
18. TENANTS IMPROVEMENTS AND BETTERMENTS
Tenant's improvements and betterments are covered as personal property of the
Named Insured under this policy regardless of whether or not the same have or
will become a permanent or integral part of the building(s) or the property of the
building owner or lessor. Underwriters agree to accept and consider the Insured in
the event ofloss in the position of sole and unconditional owner of such tenant's
improvements and betterments irrespective of any limitation upon the interest of
the Insured resulting from any lease or rental agreement affecting same.
19. SUBSTITUTION OF TERMS
It is hereby agreed that the terms and conditions of this form are substituted for
those of the policy to which it is attached, the provisions of the latter being hereby
waived, except provisions required by law to be inserted in the policy.
20. ERRORS AND OMISSION
Inadvertent failure to report property shall not invalidate coverage provided
hereunder.
PR-WCIA-93
Page 9
21. ELECTRONIC DATA PROCESSING
Electronic Data Processing equipment is included subject to the terms and
conditions of this policy, based on the following definitions:
DATA PROCESSING EQUIPMENT
"Data Processing Equipment" means a network of machine components capable of
accepting information, processing it according to plan, and producing the desired
results. It includes hardware and also air conditioning equipment used exclusively
in data processing operations.
DATA AND MEDIA
"Data" means facts, concepts, or instructions in a form usable for communications,
interpretation, or processing by automatic means. It includes computer programs.
"Media" means materials on which data is recorded, such as magnetic tapes, disk
pa~ks, paper tapes and cards.
22. EARmQUAKE AND FLOOD
Earthquake and Flood are included, subject to the terms and conditions of this
policy, based on the following definitions:
EARmQUAKE
The term "earthquake" shall include earth movement including shifting, sinking and
sudden subsidence resulting from one or more earthquake shocks or tremors
occurring within any period of 168 consecutive hours, irrespective of policy
expiration date.
FLOOD
The term "flood" shall mean the rising oflakes, harbors, creeks, and rivers~ the
overflowing or breaking of boundaries or reservoirs, lakes, rivers, other bodies of
water or dams; inundation of surface waters, high water, waves or spray
therefrom, or by tide or tital wave~ accumulation on land or water immediately
derived from natural sources~ all whether driven by wind or not or whether caused
by or attributable to earthquake or other earth movement. All losses arising from
the foregoing perils within a consecutive seven day period shall be deemed to be
caused by one occurrence, irrespective of policy expiration date.
EXTRA EXPENSE EXTENSION
INSURING CLAUSE
In consideration of the premium paid and subject to the terms and conditions of the policy
to which this extension is attached and to the following conditions, this insurance is hereby
extended to cover:
PR-WCIA-93
Page 10
The necessary Extra Expense incurred by the Insured in order to continue as nearly as
practicable the normal operation of the Insured's business following damage to or
destruction of real or personal property, by perils insured against during the term of this
policy, subject to a sublimit of $500,000 per occurrence.
VEIllCLE GARAGING EXTENSION
INSURING CLAUSE
In consideration of the premium paid and subject to the terms and conditions of the policy
to which is extension is attached and to the following conditions, this insurance is hereby
extended to cover:
Loss or damage to vehicles licensed for highway use while garaged within a building
schedule under this policy, resulting from damage to or destruction of the building by
perils insured against during the terms of this policy, subject to a sublimit of$I,OOO,OOO
per occurrence.
VALUABLE PAPERS EXTENSION
INSURING CLAUSE
In consideration of the premium paid and subject to the terms and conditions of the policy
to which this extension is attached and to the following conditions, this insurance is hereby
extended to cover:
Valuable papers or the cost to reconstruct valuable papers lost or damaged when a
building scheduled under this policy suffers damage or destruction by perils insured
against during the term of this policy, subject to a sublimit of$250,000 per occurrence.
LOSS OF INCOME EXTENSION
INSURING CLAUSE
In consideration of the premium paid and subject to the terms and conditions of the policy
to which this extension is attached and to the following conditions, this insurance is hereby
extended to cover:
Loss of income incurred by the Insured following damage to or destruction of real or
personal property, by perils insured against during the terms of this policy, subject to a
sublimit of $500,000 per occurrence.
FINE ARTS
INSURING CLAUSE
In consideration of the premium paid and subject to the terms and conditions of the policy
to which this extension is attached and to the following conditions, this insurance is hereby
extended to cover:
PR-WCIA-93
Page 11
Fine Arts or the cost to reconstruct fine arts lost or damaged by perils insured against
during the terms of this policy subject to a sublimit of$500,000 per occurrence.
TRANSIT EXTENSION
INSURING CLAUSE
In consideration of the premium.paid and subject to the terms and conditions of the policy
to which this extension is attached and to the following conditions, this insurance is hereby
extended to cover:
Personal property of the Insured or property held by the Insured in trust or on commission
or on consignment for which the Insured may be held legally liable while in due course of
transit within the limits of the Continental United States of America (excluding Hawaii)
and Canada, against All Risks of Direct Physical Loss or Damage to the property insured
occurring during the period of this policy (including general average and salvage charges
on shipments covered while waterborne), subject to a sublimit of$500,000 per
occurrence.
BUILDERS'RISK
INSURING CLAUSE
In consideration of the premium paid and subject to the terms and conditions of the policy
to which this extension is attached and to the following conditions, this insurance is hereby
extended to cover:
Buildings or structures in the process of construction, including materials and supplies
therefore, for loss or damage resulting by perils insured against during the term of this
policy, subject to a sublimit of $500,000 per occurrence. This extension of coverage for
Builders' Risk does not insure against:
1. Loss of use, delay, loss of markets, penalties for non-completion, non-
compliance with contract conditions, or consequential loss of any kind.
2. Cost of making good faulty or defective workmanship, or material, but this
exclusion shall not apply to damage resulting from such defect.
3. Cost of making good defect, error or omission in design, plan or specification,
but this exclusion shall not apply to physical damage resulting from any such
error or omission.
PR.WCIA.93 Page 12
NOTICE
Notification is hereby rendered to the individual entities (being Insureds), that the
Earthquake and Flood limit of liability is $10,000,000 any occurrence and in the annual
aggregate irrespective of the number of entiites involved in anyone occurrence.
PR-WCIA-93
Page 13
ENDORSEMENT NO.1
NAMED INSURED
It is agreed that each entity listed on the Schedule of Entities attached is a Named Insured
for the purposes of this coverage.
It is further agreed that the interest of any Additional Insured, Loss Payee, or Mortgagee
is recognized as their interest may appear, providing that a certificate of insurance has
been issued and is on file with the underwriters.
PR-WCIA-93
ENDORSEMENT NO.2
SEEPAGE AND/OR POLLUTION AND/OR CONTAMINATION EXCLUSION;
DEBRIS REMOVAL AND COST OF CLEAN UP EXTENSION;
AUTHORITIES EXCLUSIONS.
SEEPAGE AND/OR POLLUTION AND/OR CONTAMINATION EXCLUSION
Notwithstanding any provision in the Policy to which this Endorsement is attached, this
Policy does not insure against loss, damage, costs or expenses in connection with any kind
or description of seepage and/or pollution and/or contamination, direct or indirect, arising
from any cause whatsoever. NEVERTHELESS iffire is not excluded from this Policy
and a fire arises directly or indirectly from seepage and/or pollution and/or contamination
any loss or damage insured under this Policy arising directly from that fire shall (subject to
the terms, conditions and limitations of the Policy) be covered.
However, if the insured property is the subject of direct physical loss or damage for which
Underwriters have paid or agreed to pay then this policy (subject to its terms, conditions
and limitations) insures against direct physical loss or damage to the property insured
hereunder caused by resulting seepage and/or pollution and/or contamination.
The Assured shall give notice to the Underwriters of intent to claim NO LATER THAN
12 MONTHS AFTER THE DATE OF THE ORIGINAL PHYSICAL LOSS OR
DAMAGE.
DEBRIS REMOVAL AND COST OF CLEAN UP EXTENSION
Notwithstanding the provisions of the preceding exclusion in this Endorsement or any
provision respecting seepage and/or pollution and/or contamination, and/or debris removal
and/or costs of clean up in the Policy to which this Endorsement is attached, in the event
of direct physical loss or damage to the property insured hereunder, this Policy (subject
otherwise to its terms, conditions and limitations, including but not limited to any
applicable deductible) also insures, within the sum insured
(a) expenses reasonably incurred in removal of debris of the property insured
hereunder destroyed or damaged from the premises of the Assured;
and/or
(b) cost of clean up, at the premises of the Assured, made necessary as a result
of such direct physical loss or damage;
PROVIDED that this Policy does not insure against the costs of decontamination or
removal of water, solid and any other substance on or under such premises.
PR-WCIA-93
ENDORSEMENT NO.2 (continued)
It is a condition precedent to recovery under this extension that Underwriters shall have
paid or agreed to pay for direct physical loss or damage to the property insured hereunder
unless such payment is precluded solely by the operation of any deductible and that the
Assured shall give notice to the Underwriters of intent to claim for costs of removal of
debris or cost of clean up NO LATER THAN 12 MONTHS AFTER THE DATE OF
SUCH PHYSICAL LOSS OR DAMAGE.
AUTHORITIES EXCLUSIONS
This Policy does not cover expenses, fines, penalties or costs incurred or sustained by the
Assured or imposed on the Assured at the order of any Government Agency, Court or
other Authority, in connection with any kind or description of environmental impairment
including seepage or pollution or contamination from any cause.
PR-WCIA-93
ENDORSEMENT NO.3
JOINT LOSS AGREEMENT
In the event of damage to or destruction of property at a location designated in this policy
and also designated in a Boiler & Machinery insurance policy(ies) and there is a
disagreement between the insurers with respects to:
(1) whether such damage or destruction was caused by a peril insured against
by this policy or by an accident insured against by such Boiler & Machinery
insurance policy(ies), or
(2) the extent of participation of this policy and of such Boiler & Machinery
insurance policy(ies) in a loss which is insured against, partially or wholly,
by any or all of said policies.
This underwriter shall, upon written request of the Insured pay to the Insured one-hal(of
the amount of the loss which is in disagreement, but in no event more than this Company
would have paid ifthere had been no Boiler & Machinery insurance policy(ies) in effect,
subject to the following conditions:
(1) The amount of the loss which is in disagreement after making provisions
for any undisputed claims payable under the said policies and after the
amount of the loss is agreed upon by the Insured and the insurers, is limited
to the minimum amount remaining payable under the Boiler & Machinery
or Fire policy(ies);
(2) The Boiler & Machinery insurer(s) shall simultaneously pay to the Insured
one-half of said amount which is in disagreement;
(3) The payments by the insurers hereunder and acceptance of the same by the
Insured signify the agreement of the insurers to submit to and proceed with
arbitration within 90 days of such payments;
The arbitrators shall be three in number, one of whom shall be appointed by
the Boiler insurer(s) and one of whom shall be appointed by the Fire
insurer(s) and the third appointed by consent of the other two, and the
decision by the arbitrators shall be binding on the insurers and that
judgment upon such award may be entered in any court of competent
jurisdiction;
(4) The Insured agrees to cooperate in connection with such arbitration but not
to intervene therein;
PR-WCIA-93
ENDORSEMENT NO. 3 (continued)
(5) The provisions of this endorsement shall not apply unless such other
policy(ies) is similarly endorsed; and
(6) Acceptance by the Insured of sums paid pursuant to the provisions of this
endorsement, including an arbitration award, shall not operate to alter,
waive, surrender or in any way affect the rights of the Insured against any
of the insurers. -
PR-WClA-93
-4
ENDORSEMENT NO 4
SELF INSURED RETENTION
It is agreed that the wording of the Self Insured Retention Clause notwithstanding, the
retentions shall be amended as follows:
The retention for the cities of Belle vue and Bremerton shall be:
$50.000
Per Occurrence, per entity, all perils except Earthquake and Flood.
2% on the value of buildings, personal property and inland marine
property which are involved in an Earthquake and Flood loss, per
occurrence, per entity, subject to a $50.000 minimum deductible
per occurrence, per entity.
For the purpose of this policy, where a series oflosses occur which are attributable
directly or indirectly to one disaster or cause, all such losses shall be added together and
treated as one occurrence irrespective of the period or area over which the losses occur.
So far as loss involving in whole or in part the perils of tornado, windstorm, cyclone,
hurricane, or hail is concerned, the words "one occurrence" shall mean one single
atmospheric disturbance as designated by the appropriate weather bureau.
PR-WCIA-93
.
ENDORSEMENT NO 4
SELF INSURED RETENTION
It is agreed that the wording of the SelfInsured Retention Clause notwithstanding, the
retentions shall be amended as follows:
The Insured's retention shall be:
$50.000
Per Occurrence, per entity, all perils except Earthquake and Flood.
2% on the value of buildings, personal property and inland marine
property which are involved in an Earthquake and Flood loss, per
occurrence, per entity, subject to a $50.000 minimum deductible
per occurrence, per entity.
For the purpose of this policy, where a series oflosses occur which are attributable
directly or indirectly to one disaster or cause, all such losses shall be added together and
treated as one occurrence irrespective of the period or area over which the losses occur.
So far as loss involving in whole or in part the perils of tornado, windstorm, cyclone,
hurricane, or hail is concerned, the words "one occurrence" shall mean one single
atmospheric disturbance as designated by the appropriate weather bureau.
..
ENDORSEMENT NO.4
SELF INSURED RETENTION
It is agreed that the wording of the Self Insured Retention Clause notwithstanding, the
retentions shall be amended as follows:
The Insured's retention shall be:
$5.000
Per Occurrence, per entity, all perils except Earthquake and Flood.
2% on the value of buildings, personal property and inland marine
property which are involved in an Earthquake and Flood loss, per
occurrence, per entity, subject to a $25.000 minimum deductible
per occurrence, per entity.
For the purpose of this policy, where a series oflosses occur which are attributable
directly or indirectly to one disaster or cause, all such losses shall be added together and
treated as one occurrence irrespective of the period or area over which the losses occur.
So far as loss involving in whole or in part the perils of tornado, windstorm, cyclone,
hurricane, or hail is concerned, the words "one occurrence" shall mean one single
atmospheric disturbance as designated by the appropriate weather bureau.
PR-WCIA-93
~,'
<. "\'7JWO" :
,~I,
, '
WaS-hington Cities Insriranc~
. ,
Authority'
,March 15, 1994'
. TO:
, Naomi wU: ,
PENCO~
321 E 5th st
Port Angele}3J WA 98362, \ L
,~' \.'
,David 'H~yasaka ~ / '\.;,
A~sistant D~rector Ifor Operati ns
'-
'... '\ ,
FR:
,
RE:, P~operty Schedule Changes
The 'following is to confirm yo~r'recent~property changes.
Please check this list for accura'cy and call me j.f there ',are
,any' problems.
Chg loc#,Description Build~ng$ Addre~s,
--- \.--- ---------------------------------~------ ----------- ----------------~-~------------~--------
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A, 2 PEMCOM COMPUTER 0 ClAllAM, COUNTY COURTHOUSE
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X =,Deletions
A = Additions
M = Modifications
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.15215 52nd Ave. South, Suit~ 10, Tukwila, WA 98188
(206) 764-6471 FAX 764-4067
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Contents$ Date
80,000 0~/15/94
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Property List 03/15/94
LOC# Description
City: PNCM PENCOM
Property Type (B=Building 1=lnland Marine): B
1 CITY HALLIOFFICE
2 PEMCOM COMPUTER
Type Subtotal:
Property Type (B=Building I=Inland Marine): I
1 ANTENNA SYSTEM
2 RADIO SYSTEM
Type Subtotal:
City Total:
prop1
Address
Deductible:
1,000
321 5TH ST
CLALLAM COUNTY COURTHOUSE
Bldg$
Contents$ Date
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192,515 12/16/93
80,000 03/15/94
WD MJ AS FR
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272,515 =
272,515
33,016
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------------ ------------ ------------
4,855 12/16/93
28,161 12/16/93
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33,016 =
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305,531 =
305,531
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Washington Cities lnsurance
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February,10, 1994
Naomi Wu '
PENCOM '
City QfPort,'Angeles
PO Box.11,50" '
Port Angeles, W A 98362
RE: . '}VCIA'Membership
Dear Ms. Wu:
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Welcome to the WCIA membershi'p. Y QU ,are joini'ng a growing number.of emergency dispatch
centers: ,SNOP AC, , Valley Com Eastside Public Safety Communications and, soon Grays Harbor
911 Communications in'WCIA.', /
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I have separated PENCOM's worker hours'of29,118 from the City of Port Angeles' to~al woiker
,hours and have calculated an annual'assessment of $11,599 at the 0 deductible level. Prorated
coverage fro~ February 1 i, 1994 is $10,632 ' .' ,'. . .
AS,we'already invoi~ed the City o(Port Angeles fo~ a full asses~ment: i~cludi~g PENCOM at-the
$250,000 deductible level, I have enclosed an invoice that reflects PENCOM adjustments, as
calculated on the attachment.' I . - " ' -
Pleas~ call ,ine at (2Q6) 7~4-6471 if you have1any questions. /' "
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Sincerely,
~LJ\r : 'j, / I
lfv/~~
, Davld Hayasaka - ,
Assistant'Oirector for Operations
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enclosure f<." ~
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:Bob Coons ~ .City of~ort: Angeles' , .
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_ 15215 52nd Ave. South, Suite 10, TukWila, WA 98188
/' (206) 764-6471- FAX 764-4067
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$8~809
90,253
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99,062
,. -105 709
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-6;646
+ 10,632 ,
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Port Angeles / PENCO~ Assessment Adjustm~nt Calculations
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. Port Angeles coverage (or dne month\vith PENCOM
P9rt,Angeles coverage for 11 months without PENCOM
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+$3,986 - ^ - Additional, assessment due to \VCIA '
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,Washington Cities Insurance
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Authority
November 4, 1993
Bill He~derson
Senior Risk Analyst
City of Port Angeles - -
PO Box 1150
Port Angele~, W A 9~362 '
RE: , ' PENCOM Me~be~ship "
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"Dear Mr. Henderson:
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, I have r~ceived the information on PENCOM and after discussion and review of the
program, we are able to offer membership to this Interlocal function: , - /
Liability coverage for n6 deductible = $11,599 for a full year.
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The PEN COM worker hourS could be deleted from the total worker h,Ours for the City of ,
Port, An~eles., ' "
Property including building contents should be separated as well.,;Please send me-their
breakout of property values if you want it separated. ' ) -
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I suggest that coverage start January 1, 1994 if you choose to separate PENCOM.- Please.
let me know within th,e month. If you have any questions, plea~e call me at (206) 764-
6471. ' '
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Sincerely"
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David Hayasaka "
Assistant Director for Operations
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, 15215' 52nd Ave. South, Suite 10, Tukwila,. WA 98188
, ,(206) 764-6471 FAX 764-4067 ' ,
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November 17, 1992
W'ashi~gtori ,Cities Insurance'
, Auth'or_ty -
frDJ If (jj n IH fiil
va i'JOV '8 /992 0,
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HUMAN RESOURCES DIVISION _
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Bill Henderson
Senior Risk Analyst
City of _Port'Angel~s
, ~O Box 1150 - - \ ' <
Port Angeles, W A 98362
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RE:, Offi~ial WCIA Interlocal Appendix
'Dear Mr. Henderson:
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_ We are unable to locate the original WCL4 Interlocal Appel1dix that formally adds your
~ity t? the Interlocal.
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, , This oversight does not jeopardize your city's cove~age, howe~er, fls sel{insured pools
, ,are for the, first time - under State scrutiny, we need to dot each i and cross each 1. _
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Please sign th~_ Appendix, keep a copy for your files, and sent the original b~ck to
WCIA as soon ~s possible.
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'\ I apologiz'e for any incpnvenience and' confu~ion this may cau~e. . Thank you for your
prompt att~nti~n to this matter.' " : ' , ' " - - , '
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If you have any questIbns, please call me at (206) 764-6471.
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. Since!~ly,
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David Hayas~ka
Programs ,Manager
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enclosure
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15215 52nd Ave. S~uth, Suite 10, Tukwila, W A 98188
. (206) 764-6471 . F:AX 764-4067
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APPENDIX 5-92 TO INTERLOCAL AGREEMENT
CREATING THE WASHINGTON CITIES
INSURANCE AUTHORITY
WHEREAS, in 1980 the Washington Cities of Mercer Island, Mountlake Terrace,
Olympia, Kirkland, Marysville, Lacey, Kent, Evere,tt and Des Moines did enter into and
sign an Interlocal Agreement, as authorized by CH 48.62 RCW for the creation of and
operation of a liability self-insurance pool for the mutual protection and benefit of said
cities known as the Puget Sound Cities Interlocal Insurance Authority; and,
WHEREAS, on March 13, 1986, the Board of Directors of the Authority did pass a
motion to change the name to Washington Cities Insurance Authority. Said change is also
ratified by new members; and,
WHEREAS, the above referenced Interlocal Agreement provides in Article 19 for the
addition of new member cities to said Authority after one year of operation as determined
by vote of the Board of Directors of said Authority; and,
WHEREAS, Article IV, Section 8 of the By-Laws of the Washington Cities Insurance
Authority provides the procedure for the admission of new member cities to said
Authority; and,
WHEREAS, on March 4, 1992, the Executive Committee of the Washington Cities
Insurance Authority did pass a motion authorizing and inviting the City of Port Angeles
to become a new member of said Authority; and,
WHEREAS, the City of Port Angeles by decision of its respective legislative and
executive authorities, has decided to become a new member city to the Washington Cities
Insurance Authority commencing on March 4, 1992;
NOW THEREFORE, for and in consideration of all of the mutual benefits, covenants,
and agreements contained herein, the City of Port Angeles, by signature of its respective
authorized representative to this Appendix 5-92 to the original Interlocal Agreement, do
hereby agree to be bound to all the terms, conditions, and covenants of the original
Interlocal Agreement creating the Washington Cities Insurance Authority and all previous
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appendixes, which are incorporated by reference herein and to become members of said
Authority commencing at 12:01 a.m. on March 4, 1992.
The new member city whose representative signs this Appendix 5-92 agree that they
shall be bound to the original Interlocal Agreement and all previous appendixes, and to
which the Appendix 5-92 is attached; and further agree that they shall be bound by all
provisions and terms of the By-Laws for the Washington Cities Insurance Authority as
they now exist or may be amended in the future. The new member city whose
representative signs this agreement shall have the benefits of the Joint Protection Program
and obligations thereto as provided by the Washington Cities Insurance Authority
commencing at 12:01 a.m., March 4, 1992.
IN WIlNESS WHEREOF, the party hereto has executed this Appendix 5-92 to the
Interlocal Agreement creating the Washington Cities Insurance Authority by authorized
official thereof, on the date indicated below.
ATTEST:
TITLE: ?~
Gi111~
DATE: ~~V' I~ /~ 1~
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DATE: )J11j, /1( l~r2--
GEN/APPINDOC